Manhattan Military Divorce Lawyer

Military Divorce Attorney Assisting Service Men and Women In Manhattan and All of NYC

Nobody goes into marriage with the plan to divorce a few years later. People usually go into marriage with the mind to be married for a long time, preferably forever. However, life does not always end up as planned, and people file for divorce for different reasons. As a military spouse, filing for divorce is a bit different from filing for divorce as a civilian. There are many special considerations that you have to keep in mind when filing for divorce. You will want to have an experienced Manhattan Military Divorce Lawyer in your corner who can guide you through the different stages of the divorce process.

With over 25 years’ experience, Attorney Chaim Steinberger can bring his considerable experience to bear in your military divorce case. He has helped many couples bring achieve their family law objectives, including spouses seeking a military divorce. He can help you too.

What Are The Requirements For A Military Divorce?

Military divorce is not so different from civilian divorce, neither is one more complicated than the other. However, there are a few requirements that need to be met when U.S service members and their spouses file for divorce.

These requirements are related to compliance with support payments, service of process, residency or filing requirements, or the division of military pensions.

Military Divorce is subject to both federal and state laws. Federal laws affect where divorcing couples end up in court and/or how military pensions are divided. State laws affect the issue of spousal support and alimony. Deciding upon, and obtaining, a military divorce is not only emotional but can also be confusing. That is where a skilled and compassionate Manhattan divorce lawyer at Chaim Steinberger, P.C. can help.

To file for a military divorce in Manhattan, New York, you or your spouse must either:

• Reside in New York, or
• Be stationed in New York

Filing For A Military Divorce

Under the Soldiers and Sailors Civil Relief Act (SCRA), military members have some rights as they enter active duty. This federal law offers a bit of reprieve from divorce proceedings for service members on active duty. The law allows them to apply for a “stay” or temporary halt of any civil action against them while they are on active duty or within 90 days of their release from active duty.

Division Of Military Pension And Benefits

The division of military pension and benefits is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA). This Act, in addition to New York’s property division laws, provides guidance on how to treat a service member’s retirement pay. A former spouse’s share of military retirement can be paid directly by the Defense Finance and Accounting Service (DFAS) if he or she was in the marriage for at least 10 years of marriage that overlapped with 10 years of military service. This is known as the 10/10 rule.

However, if the marriage was less than what the 10/10 rule required, a court can authorize direct payment to the military spouse who has been married for less than 10 years. The difference is that the payment would have to be made by the retiring spouse, instead of the DFAS. A former military spouse can also have access to benefits like full medical, commissary and exchange privileges after the military divorce if:

• The couple was married for 20 years or more
• The service member performed at least 20 years of creditable service toward retirement pay
• There was at least a 20-year overlap of marriage and military service

Speak With A Competent Manhattan Military Divorce Lawyer

The laws that apply to military divorce are different from those that apply to civilian divorce. With this in mind, you are better served getting the services of a Manhattan military divorce lawyer. At Chaim Steinberger, P.C, we will help you understand the different laws that may apply to your case and the best way in which you can get a win-win. Contact us today. Call (212) 964-6100 or fill out our convenient online consultation request form.